Parole in Place is a legal concept that has the power to make a significant difference in the lives of undocumented immigrants who are immediate family members of active-duty U.S. military personnel, veterans, or reservists. It provides a pathway for these family members to remain in the U.S. without the risk of deportation, granting them the opportunity to seek employment and build a stable future.
One very important factor to consider when determining whether the individual qualifies for parole in place or not, is that the individual must be present in the United States without having been admitted into the country. This means that the individual must have entered the United States unlawfully. If for example, the individual was admitted into the United States with a visa, but the visa and lawful status later expired, and the individual is still in the United States, the individual does not qualify for parole because he or she entered lawfully and was admitted into the U.S.
Foreign national spouses, parents, sons, and daughters of U.S. military service members (current or past) who are in the U.S. without lawful entry may be eligible. U.S. Citizenship and Immigration Services (USCIS) may approve these individuals for parole in place on a discretionary basis. Parole in place may be available to a foreign national who:
- Is physically present in the United States without inspection; and
- Is the spouse, parent, son, or daughter (any age) of:
- an Active-Duty member of the U.S. Armed Forces,
- someone in the Selected Reserve of the Ready Reserve, or
- someone who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve; and
- Does not have a criminal conviction or other serious adverse factor.
These are the basic requirements. It is important to point out that a grant of parole in place is not a guarantee. The U.S. government evaluates each application on a case-by-case basis.
At Musa-Obregon Law PC, we recognize the importance of stability and security for immigrant families, especially those who have sacrificed and served the nation. Parole in Place is not just a legal provision; it's a bridge to a better life. If you or a loved one could benefit from Parole in Place, our team is here to offer the guidance and support you need.